testamentary capacity

The mental ability that a person must have to prepare a valid will.

• This capacity is often described as the ability to recognize the natural objects of one’s bounty, the nature and extent of one’s estate, and the fact that one is making a plan to dispose of the estate after death. Traditionally, the phrase “of legal age and sound mind” refers to the testator’s capacity.

— Also termed disposing capacity; disposing mind; sound mind. See age of capacity under AGE. [Cases: Wills 21–55. C.J.S. Indians § 117; Wills§§ 2, 4–40.]

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词条贡献者

法律翻译William，毕业于法国一流的高级翻译学院，擅长翻译有关农业和食品领域的法律文件。